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Apr 30, 2013
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about these miranda rights. the one thing i want to say about the stove piping issue, that's another thing that has become completely partisan. i talked to diane finestein. it's sad, it's probably not surprising, but it is unbelievable, how quickly it's happened. >> what's sad to me is the republican right are forever telling us that the constitution is their sacred text. it's not a debatable question whether this guy could be held incompetent. it is against the constitution of the yiet to do that. if they want to rip the constitution up, at the slightest hint of terrorism -- >> but something that concerns me is the right hand not knowing what the left hand is doing. >> they were completely surprised. >> why aren't you defending the constitution? >> i am defending the constitution. jeffrey, i have a question for you, as a lawyer, my understanding is that detained suspects don't have a right to have the miranda rights read to them. they have those rights and they can choose to exercise them. i know it's a little
about these miranda rights. the one thing i want to say about the stove piping issue, that's another thing that has become completely partisan. i talked to diane finestein. it's sad, it's probably not surprising, but it is unbelievable, how quickly it's happened. >> what's sad to me is the republican right are forever telling us that the constitution is their sacred text. it's not a debatable question whether this guy could be held incompetent. it is against the constitution of the yiet...
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Apr 22, 2013
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, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
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Apr 20, 2013
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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Apr 26, 2013
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now, what is the miranda rights and what is reading the miranda rights really mean? it means that if you don't do it, then what is said may or may not be admissible. well, they don't need that. they don't need to convict him. and i will tell you something else, the lawyer who represents him, and mind you, it's going to be a public defender -- the public defender is going to try and save his life. this is going to be a mitigation-style case. this isn't going to be somebody -- unless this is richard jewell redux, who is saying i'm the wrong guy. and the way they're going to do that is they're going to try and trade information so that they take death penalty off of the table. that's what's going to happen. this kid is 19. there are some mitigating factors. was he under the influence of his brother? by the way, as an armenian, i do want to comment that all this speculation about when recent convert named misha, which by the way is not an armenian name, is insulting to armenians everywhere, who, by the way, is the first christian nation. so, rather than have some uncle o
now, what is the miranda rights and what is reading the miranda rights really mean? it means that if you don't do it, then what is said may or may not be admissible. well, they don't need that. they don't need to convict him. and i will tell you something else, the lawyer who represents him, and mind you, it's going to be a public defender -- the public defender is going to try and save his life. this is going to be a mitigation-style case. this isn't going to be somebody -- unless this is...
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Mar 20, 2018
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there is a joke in there about being read your miranda rights. >> were you a "sex in the city" viewer? >> i never watched that show. >> i was a devotee who never missed an episode. >>> all right. winter is going out like a lion. reported tornadoes in the south and another nor'easter setting up to move up the coast. we'll have the forecast for you next. - my f an did raiser walk , willy davis, who has alzheimer's. i decided to make shirts for the walk with custom ink. the shirts were so easy to design on the site. the custom ink team was super helpful and they just came out perfect. seeing my family wearing my shirts was such an amazing reminder of all the love and support that everyone has for my dad. - [narrator] check out our huge selection of custom t-shirts and more, for teams, businesses, and every occasion. you'll even get free shipping. get started today at customink.com. you'll even get free shipping. but i'm not standing still... and with godaddy, i've made my ideas real. ♪ i made my own way, now it's time to make yours. ♪ everything is working, just like it should ♪ >>
there is a joke in there about being read your miranda rights. >> were you a "sex in the city" viewer? >> i never watched that show. >> i was a devotee who never missed an episode. >>> all right. winter is going out like a lion. reported tornadoes in the south and another nor'easter setting up to move up the coast. we'll have the forecast for you next. - my f an did raiser walk , willy davis, who has alzheimer's. i decided to make shirts for the walk with...
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Apr 21, 2013
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the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were acting alone and that there are no more suspects out there? >> i'm confident that they were the two major actors in the violence that occurred. i am very, very sure that during this thorough investigation we'll get to the bottom of the whole plot. that's all i can say right now. i told the people of boston that they can rest easily. the two people who were committing these vicious attacks are either dead or in custody. we cleared dozens of packages that had been dropped by people fleeing the scene. so everything was treated suspiciously. in a situation like this, bombers often target first r
the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were...
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Apr 20, 2013
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certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they are now sweeping that scene to make sure there are no additional risks. >> bri
certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john...
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Apr 20, 2013
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you're seeing that play out in terms that he wasn't read his miranda rights. the difference being they can ask the question, they can get the information they need. but, the information they get, they can't, then, turn around and use against him at a trial. that would have to be gained separately. >> okay, thank you, chris. chris pulling a late shift for us. it was interesting, he said that, well, dzhokhar will, in fact, be a valuable piece of evidence, if you like. really, he was an older bloer. the younger one, i don't know, went aloong for the ride. >> yeah, the older brother, younger brother scenario. how this is sort of reminiscent of the sniper shooting. it was a similar situation. it soernly was a question just floating out there right now. and now that the police work has played off and chris was talking about tonight, as you've been discussing, it's really time to the legal aspect of the marathon bombings. earlier tonight, anderson cooper talked with senior legal analyst, jeffrey toobin. the first thing that will happen will lay out the basics of the
you're seeing that play out in terms that he wasn't read his miranda rights. the difference being they can ask the question, they can get the information they need. but, the information they get, they can't, then, turn around and use against him at a trial. that would have to be gained separately. >> okay, thank you, chris. chris pulling a late shift for us. it was interesting, he said that, well, dzhokhar will, in fact, be a valuable piece of evidence, if you like. really, he was an...
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Apr 23, 2013
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. >> they can do that at any time even after they read him his miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems against him and his brother for the act they perpetrated. >> correct. >> what they will i'm sure be extremely curious to find out if they can is are they part of a wider group of either like-minded individuals who have been coordinating themselves reading stuff on the internet, videos and so on, which apparently is what he's claiming. whether they're attached to anybody in chechnya, for example, or islamic fundamentalist nature, et cetera, et cetera, how far can you go in terms of eliciting that information from somebody like him in his position once he's had his miranda rights read to him as he now has? >> my view is y
. >> they can do that at any time even after they read him his miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems...
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Apr 26, 2013
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. >>> up next, was the surviving suspect read his miranda rights too soon? what impact will it have on the investigation? we'll talk about that and more with our senior legal analyst, jeffrey toobin. >>> bomb-sniffing dogs, will new technology soon put them out of technology soon put them out of a job? s. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups. the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit thenewny.com great first gig! let's go! party! awwwww... arigato! we are outta here! party...... finding you the perfect place, every step of the way. hotels.com >>> new concerns are being raised about dzhokhar tsarnaev's interrogation and whether it was handled the right way. federal investigations questioned him for about 16 hours after his capture last friday, without reading his miranda rights.
. >>> up next, was the surviving suspect read his miranda rights too soon? what impact will it have on the investigation? we'll talk about that and more with our senior legal analyst, jeffrey toobin. >>> bomb-sniffing dogs, will new technology soon put them out of technology soon put them out of a job? s. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and...
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Apr 20, 2013
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don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
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Apr 22, 2013
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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Apr 22, 2013
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we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can go ahead with the civilian jury trial and they don't need to hide behind enemy combatant? >> i think that is certainly part of it. it does look like an overwhelming body of evidence. more than that, they thought they could get the immediate information they needed by the miranda exception, the public safety exception so they could make sure the public was safe. there accident seem to be an constitution aal basis to treat someone that commits a crime like this on our soil. the supreme court has upheld treating an american, the american taliban hamdi captured in afghanist
we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can...
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Apr 25, 2013
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what do you know about the reading of dzhokhar tsarnaev's miranda rights? >> i think what we know is that it's required by law to tell a suspect what his rights are, and what the justice department and the u.s. attorney's office here in boston saying this is just exactly according to protocol. any suggestion that the judge stepped in and interrupted any questioning of the defendant, dzhokhar tsarnaev, that's simply incorrect. fbi and prosecutors both were told that there was going to be a hearing set once they filed the criminal complaint, then there is a certain amount of time in which the person has to come before a judge for initial appearance. even though it is rare that a judge will come to a bedside, it's not uncommon. it does happen. so the judge scheduled a hearing and the people who were there, it included the prosecutors, the federal defenders, the court reporter, the u.s. marshal service, and people from the hospital. so this was done the way it was supposed to be done. the suspect is entitled to know that he can remain silent and that he's entit
what do you know about the reading of dzhokhar tsarnaev's miranda rights? >> i think what we know is that it's required by law to tell a suspect what his rights are, and what the justice department and the u.s. attorney's office here in boston saying this is just exactly according to protocol. any suggestion that the judge stepped in and interrupted any questioning of the defendant, dzhokhar tsarnaev, that's simply incorrect. fbi and prosecutors both were told that there was going to be a...
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why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exc
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put...
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Apr 26, 2013
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what do you know about the reading of dzhokhar tsarnaev's miranda rights? >> erin, it's the law. they have to read him his mir ran da rights. the question that was being done was in the interest of public safety. investigatorings wanted to know whether there was anymore bombs. this questioning was done over the course of several hours. doctors were present and they allowed the defendant to speak, not to speak, but they allowed the defendant to answer these questions. he was heavily sedated. the justice department is really pushing back on this one. the suggestion that the judge interrupted him prematurely, simply incorrect. the u.s. attorneys are the ones prosecuting this case. they're the ones who are in charge. but as soon as a criminal complaint is filed, there's a certain amount of time in which the department has to show for initial appearance. the judge was here at the hospital. so she was here and this was done well in advance. the prosecutors office knew about it. court report, u.s. marshal. even the staff here at the hospital. so this was done the way it was supposed to
what do you know about the reading of dzhokhar tsarnaev's miranda rights? >> erin, it's the law. they have to read him his mir ran da rights. the question that was being done was in the interest of public safety. investigatorings wanted to know whether there was anymore bombs. this questioning was done over the course of several hours. doctors were present and they allowed the defendant to speak, not to speak, but they allowed the defendant to answer these questions. he was heavily...
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Apr 27, 2013
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let's get back to the miranda rights and when authorities read them to the suspect. what's washington saying about this? >> reporter: hi, carol. you know, this is a subject that's coming up a lot here on capitol hill here in washington. you know, congressman mike rogers, the head of the house intelligence committee, the chairman, he wants the know more about how the suspect was read the rights, right to remain silent and a lawyer monday at the hospital. he sent a letter to attorney general holder asking a number of questions, amid them, did anyone from the department of justice or fbi raise concerns about the reading of the miranda rights? the department of justice didn't yet respond to the list of questions but they have said that prosecutors and fbi agents were told ahead of time that this initial appearance was being scheduled and so we do know from at least one law enforcement official who spoke with cnn's susan candiotti, they felt that the initial bedside interviews with the suspect were very thorough and the timing of the reading of the miranda rights didn't h
let's get back to the miranda rights and when authorities read them to the suspect. what's washington saying about this? >> reporter: hi, carol. you know, this is a subject that's coming up a lot here on capitol hill here in washington. you know, congressman mike rogers, the head of the house intelligence committee, the chairman, he wants the know more about how the suspect was read the rights, right to remain silent and a lawyer monday at the hospital. he sent a letter to attorney...
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Apr 22, 2013
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let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception beyond the immediacy of the act i think is something that will be taken up, and it will have to be looked at maybe by the u.s. supreme court who just last week heard oral argument in the case from houston that was asking the question when does the fifth amendment or when does your right to remain silent gyp, and so we're already looking at these issues. this is an expansion i think that expands the public safety exception. i think some court is going to have to look at that. >> thank you very much. it's been almost a week now since this city was terrorized, and it's seemingly been one
let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception...
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Apr 22, 2013
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the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even months. but i just think it's important to emphasize that the obama administration has absolutely not considered that, has not considered that approach, and every terrorism suspect under either the george w. bush administration or the obama administration who was arrested on american soil has been treated as a criminal defendant in the united states courts. senator graham's proposal would an complete departure from that approach and i don't think there's any indication that's going to happen.that approach a there's any indication that's going to happen. >> and he's a naturalized u.s. citizen. only 19. but last
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even...
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Apr 23, 2013
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all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and the fbi have done the kind of interrogation that at least -- that lindsey graham seems to want to have been done, perhaps not as extensive as it might have been. but there was a premiranda interrogation and authorities can work with that, at least now going forward. >> i think that's a fair point.
all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done...
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Apr 23, 2013
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he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepare
he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist...
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Apr 23, 2013
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from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
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Apr 27, 2013
04/13
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this whole miranda issue we're worried about and talking about is almost irrelevant given the fact that they made a confession, a spontaneous confession, far more credible, really, to me, than a law enforcement confession. >> this is an amazing bit of detail again in the globe piece where at one stage, danny's iphone buzzes and it's his roommate wondering in chinese where he is, and tamerlan tsarnaev responds using an english to chinese application and texts back a clunky reply saying in chinese i am sick, i'm sleeping in a friend's place tonight, and then the phone rings and tamerlan says to him if you say a single word in chinese, i will kill you right now. danny, because he's a smart guy, understands what's going on here, speaks in english and the chinese aspect of this probably saved his life, because they thought he's not an american, okay, he's chinese. he says at one point chinese are very friendly to muslims. danny said we are so friendly to muslims and all that human connection, if you like, seems to have saved his life which enabled him to get to the police which enabled the r
this whole miranda issue we're worried about and talking about is almost irrelevant given the fact that they made a confession, a spontaneous confession, far more credible, really, to me, than a law enforcement confession. >> this is an amazing bit of detail again in the globe piece where at one stage, danny's iphone buzzes and it's his roommate wondering in chinese where he is, and tamerlan tsarnaev responds using an english to chinese application and texts back a clunky reply saying in...
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Apr 29, 2013
04/13
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sunny, youal makes the call when to read a person his or her miranda rights? is it normally the judge and after how long? >> i was a federal prosecutor, brooke. this is what has been frustrating me about this particular story. the federal rules of criminal procedure mandate the timin this case. no judge will respond on her own and decide to interrupt an interrogation. that is not what happened here what happened is a complaint was filed against this defendant, and what the federal rules provide, brooke is that once that complaint is initial appearance must be had without unnecessary delay. and that is exactly what happened. this first appearance wherein you must always read someone his -- a defendant's rights happened procedure. and, remember it happened with the cooperation of not only the tor, but of the federal public defender's office with this defendant's lawyers. and so the suggestion that these politicians are making that somehow this judge did this just on her own, for me is just so ludicrous, so unfair and it is just a misstatement when it comes to th
sunny, youal makes the call when to read a person his or her miranda rights? is it normally the judge and after how long? >> i was a federal prosecutor, brooke. this is what has been frustrating me about this particular story. the federal rules of criminal procedure mandate the timin this case. no judge will respond on her own and decide to interrupt an interrogation. that is not what happened here what happened is a complaint was filed against this defendant, and what the federal rules...
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Apr 23, 2013
04/13
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as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev. in the criminal complaint, investigators built a minute by minute account of the tsarnaev brothers as they moved the crowds at the mara
as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also...
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Apr 24, 2018
04/18
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we all can recite the miranda warnings, what you do say can be used against you and this time it will. >> little bit of a dove tail into politics here for a second. am i wrong when i say that the white house or the president saying i have no intentions or plans to get rid of bob mueller is not the same as saying this probe will be seen through to the end. >> of course, yeah. of course there's a big difference there. and i think those words are carefully chosen. you're saying what your present intention is. i don't intend to do this now. you can change your mind tomorrow. you can change your mind next week. you could change your mind in a month. i think the idea is that they -- i think the white house sees some value in keeping pressure on bob mueller and keeping pressure on rod rosenstein and keeping pressure on that team and continuing the drum beat to the end of the investigation. they view that to their political and perhaps to their legal advantage as well. >> laura, one of the things that is neglected in the understanding of what the special counsel is that everybody keeps saying
we all can recite the miranda warnings, what you do say can be used against you and this time it will. >> little bit of a dove tail into politics here for a second. am i wrong when i say that the white house or the president saying i have no intentions or plans to get rid of bob mueller is not the same as saying this probe will be seen through to the end. >> of course, yeah. of course there's a big difference there. and i think those words are carefully chosen. you're saying what...
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Apr 24, 2013
04/13
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establish who is going to handle these crimes but there is no need to rush over here and read any kind of miranda rights or arraignment for a local crime here at this hospital because that young man is not going anywhere and there is no federal statute of limitations or state statute of limitations with regard to murder. they have all the time in the world they want if they want to prosecute him for any kind of murder in the neighboring county, wolf. >> and security is very, very tight over there at the beth israel deaconess medical center. ashleigh, thanks very much. >>> coming up, he is only a couple doors down from one of the bombing sites and he took in victims just after the blasts occurred. ahead, my interview with a restaurant manager struggling to get his business back up and running. >>> plus, a dancer wounded in the blast now faced with the challenge of dancing without her left foot. >> i have moments where i just throw water bottles across the room and throw my walker and get angry and mad that someone did this to me. [ indistinct shouting ] ♪ [ indistinct shouting ] [ male announcer
establish who is going to handle these crimes but there is no need to rush over here and read any kind of miranda rights or arraignment for a local crime here at this hospital because that young man is not going anywhere and there is no federal statute of limitations or state statute of limitations with regard to murder. they have all the time in the world they want if they want to prosecute him for any kind of murder in the neighboring county, wolf. >> and security is very, very tight...
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Apr 22, 2013
04/13
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just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that sta
just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an...
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Jan 12, 2013
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and they failed to read her her miranda rights. it's interesting. do you buy it? >> i don't really buy it. but i have to say that this is extraordinairy extraordinary. this woman a lot of people believe she got away with murder. she's got to go for the home run of getting these misdemeanor lying convictionvictions tossed out even though she admits she lied. she lied when she said a nanny took her child, she she said she worked at universal studios. she lied when she said she talked to her daughter shortly before she was missing analyzed when she told alleged co-workers that her daughter was missing. but the question as you said is when she told those lies, was she officially under arrest or not. she claims because they cuffed her because her mom said, oh, my daughter stole something so cops cuffed her briefly, then took the cuffs off, the defense is saying you cannot unarrest a person. so the judges were wondering, well, was she free to go? did she feel free to go and the defense is saying no, because even after they took the cuffs off, they remain around her and
and they failed to read her her miranda rights. it's interesting. do you buy it? >> i don't really buy it. but i have to say that this is extraordinairy extraordinary. this woman a lot of people believe she got away with murder. she's got to go for the home run of getting these misdemeanor lying convictionvictions tossed out even though she admits she lied. she lied when she said a nanny took her child, she she said she worked at universal studios. she lied when she said she talked to her...
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Dec 7, 2011
12/11
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this man, anthony miranda, pull as gun on a driver in chicago, instead ended up with two black eyes, bruises and a gun shot in his own ankle. the intended victim was trained in the mixed martial arts and competes in the ultimate fighting championships. so -- the story makes me laugh. >> crime doesn't pay -- >> no, it doesn't. >> -- in that particular situation. >>> rob marciano in the weather center, really well trained. he knew to shoot him in the foot where he wouldn't kill him. >> exactly. exactly. some days my thoughts are consumed with what i would do if approached in that manner and i realized my mixed martial arts skills are fairly limited. >> are you the criminal or the cabbie in that wags? >> no, no. i'm the cabbie. fe were had a larger frame i'd show you my "karate kid" stance. rain across the northeast. mild, and the rain extends down to the south until it turns over to snow in places like memphis, where it's covering bridges and roadways. right now little rock, arkansas got two inches of snow. the second time so far and we're not even into the second week of december yet
this man, anthony miranda, pull as gun on a driver in chicago, instead ended up with two black eyes, bruises and a gun shot in his own ankle. the intended victim was trained in the mixed martial arts and competes in the ultimate fighting championships. so -- the story makes me laugh. >> crime doesn't pay -- >> no, it doesn't. >> -- in that particular situation. >>> rob marciano in the weather center, really well trained. he knew to shoot him in the foot where he...